JUDGMENT
This is an appeal from an order of the High Court at Nyeri dismissing an application by the appellant under order IXA rule 10 of the Civil Procedure Rules to set aside an ex parte judgment obtained by the respondent as plaintiff against the appellant as defendant. The latter entered an appearance but failed to file a defence.
The appellant sold a Peugeot 504 saloon to the respondent for Kshs 65,000. The respondent paid Kshs 40,000 to the appellant’s advocates and the car was released to him. The respondent alleges that the car was in bad mechanical condition and that the appellant entered into a further agreement with him that the respondent should have the necessary repairs carried out and the cost should be defrayed out of the unpaid balance of the purchase price, eg the Kshs 25,000. The repairs allegedly cost Kshs 32,258.95, ie Kshs 7,258.95 more than the balance of the purchase price. The appellant allegedly refused to hand over the registration book of the car, sign the tr…